GENERAL CONDITIONS FOR USE OF THE WEBSITE
In compliance with Spanish Law 34/2002, regarding Services of Society of Information and Electronic Commerce, you are hereby informed that this Website (www.youarecapital.com) has been created, is maintained and it is owned by the Spanish entity YOU ARE CAPITAL S.L., with Tax Identification Number ***, domiciled in Barcelona, Rambla Catalunya 135, 4º 2º (08008) and registered in the Mercantile Registry of Barcelona, volume ***, page ***, sheet *** (hereinafter, YOU ARE CAPITAL)
By accessing and/or using this Website in any way (including any electronic communications that you may send to YOU ARE CAPITAL through any of its enabled channels) you become a User, thus accepting, from that very moment, absolutely and with no reserves these General Conditions and those that, unilaterally, at any time, YOU ARE CAPITAL could establish. Hence, all Users are advised to carefully read these General Conditions every time they access or use this Website.
Certain content or services may also be governed by special conditions or rules as established by YOU ARE CAPITAL, that the User will accept without reserve, in order to modify, substitute or complement these General Conditions.
Any User that partially or completely disagrees with these General Conditions of Use should not use the Website nor communicate electronically with YOU ARE CAPITAL.
2. Use of website, services and content
In general, access to the Website is free of charge and YOU ARE CAPITAL will not require personal data or passwords for the Users to use the site. However, certain services are exclusive to our clients and access to them can be restricted.
Unless YOU ARE CAPITAL has granted an express authorisation, the Users cannot commercially use or exploit the content and information of the site.
The User commits to use the Website and its services and contents without infringing the law in force, the good faith, the custom and usage and the public order.
Users will use the service, information and content offered in the Website in accordance with the Law in force at every moment. Hence, it is forbidden to use the portal for illegal or harmful purposes against YOU ARE CAPITAL or any third party, or purposes which, in any way, could cause prejudice or prevent the normal functioning of the site.
In particular, regarding the Content (see definition in Provision nº 9) it is strictly prohibited to:
a) Reproducing, copying, distributing, making available, publicly disclosing, altering or modifying the Content, except in cases authorized by law or, as the case may be, expressly consented to by YOU ARE CAPITAL or by the holder of the rights of exploitation.
b) Reproducing or copying for private use any Content that may be regarded as software or as a database in conformity with the intellectual property legislation in force, or publicly disclosing or making available Content to third parties, where such acts necessarily imply reproduction by User or by a third party.
c) Extracting or reusing all or a substantial part of the Content on the Website, or of any databases that YOU ARE CAPITAL may make available to Users.
3. Users responsibility for damages
The use of the portal is the sole responsibility of the User, which will be liable for any damage, harm or loss arising out or in connection with the breach of legal or contractual obligations, as set out in these General Conditions. Notwithstanding the above, YOU ARE CAPITAL reserves the right to refuse, at any moment and, access to the Website to those Users who do not comply with these General Conditions, without the need of any prior notice or justification.
4. Unilateral modification
YOU ARE CAPITAL may modify, unilaterally and without prior notice, whenever it considers it to be appropriate, the structure and design of the Website, as well as modify or remove the services, contents and the conditions of access and/or use of the Website.
YOU ARE CAPITAL does not authorise third parties to create a hyperlink to the Website if the web page where the hyperlink is included contains material, information or contents that may be considered illicit, illegal, degrading, obscene or against the law, the moral and the public order, or against socially accepted rules.
The persons or entities who intend to create hyperlinks from another web page to YOU ARE CAPITAL´s Website, will be subject to of all the following conditions:
a) Total or partial reproduction of services or content offered at www.youarecapital.com is strictly prohibited.
b) Deep-links, IMG or image links and frames to www.youarecapital.com or any of its pages is prohibited, except with expressed authorization of YOU ARE CAPITAL.
c) No false, inaccurate or incorrect statement will be entered on the websites of the YOU ARE CAPITAL portal, nor on the services and contents contained within.
d) Except those signs which form a part of the hyperlink, the web page in which it is established will not contain any brands, trade mark, business sign, denomination, logo, slogan or any other distinctive signs belonging to YOU ARE CAPITAL, except with expressed authorization.
The establishing of the hyperlink will not imply the existence of any relation between YOU ARE CAPITAL and the title holder of the web page or portal from which such action is carried out, nor the knowledge and acceptance of the services and contents offered in the aforementioned portal.
Under no circumstances YOU ARE CAPITAL will be liable for any content or service offered to the public in the web page from which the hyperlink is carried out, nor for the information and statements included therein.
Any hyperlink to the YOU ARE CAPITAL portal will be carried out to the main page or the main pages of the sections which it contains.
In any event, YOU ARE CAPITAL reserves the right to prohibit or disable at any time any hyperlink to the Website, particularly in circumstances involving unlawful activity or content on the website where the hyperlink has been inserted.
The YOU ARE CAPITAL portal can include connections to other Websites which are managed and controlled by third parties at the disposal of Users. These links have the sole function of making searching for information, contents and services in Internet easier for Users, without it being considered as suggestion, recommendation or invitation to visit them under any circumstances. YOU ARE CAPITAL does not commercialize, nor does it run, control previously, nor claim as its own the contents, services, information and statements which are available in the aforementioned Websites. YOU ARE CAPITAL does not assume any kind of responsibility, either indirectly or secondary, for damages or detriment of all kinds which may arise from the access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, existing products and services or those offered in the Websites which are not managed by YOU ARE CAPITAL and which may be accessed by means of the YOU ARE CAPITAL portal.
7. Disclaimer of Liability
The User is the only responsible party for the access to this Website and the use of its Content. YOU ARE CAPITAL will not be liable for any consequence, damage, harm or loss that a User or any third party could claim based on incomplete, inexact or obsolete information available on the Website or for lack of availability, suspension or cancellation of the offered services and Content.
YOU ARE CAPITAL does not give any guarantees nor is it responsible, under any circumstances, for damages of any nature which may arise resulting from:
(i) the lack of availability, maintenance and effective functioning of the website and/or its services and content, (ii) the lack of usefulness, appropriateness or validity of the website and/or its services and content in order to satisfy the needs, specific activities or results or expectations of the Users, (iii) the presence of viruses or malicious or harmful software programs in its content, (iv)the receipt, securing, storage, diffusion or transmission of its content by Users, (v) the illicit, negligent, fraudulent use of the portal, its services and contents by the User, which are contrary to these General Conditions, good faith, the generally accepted uses or public order, (vi) the lack of legality, quality, reliability, utility and availability of the services provided by any third party made available to Users in the website or the non-fulfilment by any third party of its commitment and obligations relating to the services provided to Users via the website, or (vii) the opinions of Users in the forums, chats and the messages which are facilitated in the different areas of YOU ARE CAPITAL Website.
If a User becomes aware of linked sites that redirect him to websites, the content or services of which are unlawful, noxious, degrading, violent or immoral, he should notify YOU ARE CAPITAL immediately, so it can take all necessary measures to prevent it.
YOU ARE CAPITAL will not be responsible or liable in any way for the accuracy, integrity or correctness of the information and content provided by the Websites that may be linked to YOU ARE CAPITAL portal.
Under any circumstances the access to the materials offered by YOU ARE CAPITAL should be deemed as a professional personalized assessment to the User, and it does not constitute a professional or fiduciary relationship of any kind between YOU ARE CAPITAL and the User.
The duration of the providing of services of the Website and the services offered to Users is of an indefinite nature. Notwithstanding the above, YOU ARE CAPITAL reserves the right to interrupt, suspend or finish providing the Web service or any of its services rendered, without any responsibility or liability to indemnify the Users for the interruption, suspension or cancellation of the Website.
All Website content, which is understood to include but not be limited to text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as their graphic design and source codes (in these General Conditions, the “Content”), is the intellectual property of YOU ARE CAPITAL or of third parties, and no Content exploitation rights recognized by the intellectual property legislation in force can be deemed to have been licensed to User except for such Content as is strictly necessary for the use of the Website.
The trademarks, trade names or distinctive signs are the property of YOU ARE CAPIYAL or third parties, and access to the Portal cannot be deemed to attribute any right to such trademarks, trade names and/or distinctive signs.
For the purpose of preserving the possible copyright, should any User or third party consider his/her legal rights have been violated due to the introduction of a certain type of content in the portal, he/she must give notice of such circumstance to YOU ARE CAPITAL indicating the following:
Personal data of the person whose rights have purportedly been infringed and, if necessary, data of his/her legal representative.
Definition of the contents protected by copyright regulations and their location in the website. Documentation of the aforementioned copyright.
Express consent in which the interested party takes responsibility for the veracity of the information in the notice.
The legitimacy of the intellectual or industrial copyright corresponding to contents provided by any third party is of their own exclusive responsibility.
10. Applicable legislation and Jurisdiction
The present General Conditions, that are accepted by the User when using the Website or communicating electronically with YOU ARE CAPITAL, will be regulated by Spanish Law.
YOU ARE CAPITAL and the User, expressly waiving any other jurisdiction which may apply, agree to submit themselves to the jurisdiction of the courts of law of Barcelona (Spain) for any controversy regarding or arising out or in connection with the interpretation or application of these General Conditions